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An auto repair shop is charging me for mis-diagnosing a problem & installing uneccessary parts. If I give them a check & stop payment on it, what are the ramifications of that?

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Attorney answers (3)

Reputation Level 20
Don't do it. That is fraud and possible criminal violation. You can deal with issue before they release car or you can report them to your Bureau of Automotive Repairs or the Better Business bureau.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Reputation Level 20
Not a good idea as the other attorney stated. However, you could put the item on a credit card and then dispute the charge.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this blog provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this Blog cannot be used to eliminate penalties with the IRS or any other governmental agency.

Reputation Level 14
I am not a Texas lawyer. In Kentucky, where I primarily practice, there is a small claims court available for low dollar amount cases. Most people filing in that court do not have attorneys because hiring an attorney would cost more than the recovery they are seeking. Deputy court clerks will assist people filing in that court with the process of filing out a form complaint, getting it served on the defendant, etc. Both parties are given a date to appear in court. They tell their stories to a judge, show the judge any evidence they have and present any witnesses who have come to testify. The judge then decides the case.

Texas appears to have a similar process. You can get more information from the Texas Bar Association -- they have a website page about the small claims process at http://tiny.cc/7UFIw.

You can pay the bill under protest and then sue to recover the money (because they did not earn it).

Good luck.

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